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DECREE No. 63/2003/ND-CP OF JUNE 11, 2003 DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE AND INFORMATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Culture and Information and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Culture and Information is a governmental agency performing the function of State management over culture and information, including: cultural heritages, performing arts, cinematography, fine arts, photography, exhibitions, press, publication, copyright on literary and art works, libraries, advertising, mass culture, agitation information; performs the State management over public services and the representation of the owner of State capital portions at State-invested enterprises in the culture and information domains according to the provisions of law.

Article 2.- Tasks and powers

The Ministry of Culture and Information shall have to perform the tasks and exercise the powers prescribed in the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies and also the following specific tasks and powers:

1. To submit to the Government or the Prime Minister bills, draft ordinances and other draft legal documents on the domains under its State management;

2. To submit to the Government or the Prime Minister development strategies and plannings as well as long-term, five-year and annual plans in the domains under its State management;

3. To promulgate decisions, directives and circulars falling under the scope of its State management;

4. To direct, guide, inspect, and take responsibility for, the implementation of legal documents, strategies, plannings and plans after they are approved, and other legal documents falling under the scope of its management; to conduct propagation and dissemination of, and education in, laws and information on the domains under its State management;

5. Regarding cultural heritages:

a/ To submit to the Prime Minister for decision:

- The planning on the network of museums, then to organize and guide the implementation after it is approved.

- The establishment of national museums and specialized museums;

- The classification of special national relics and their protection zones or the cancellation of decisions on the classification thereof;

- Proposals to the United Nations Educational, Scientific and Cultural Organization (UNESCO) to recognize Vietnam's typical cultural heritages as world cultural heritages;

- The permission to take national treasures abroad.

b/ To decide according to its competence:

- To promulgate regulations on preservation, repair and restoration of relics, archaeological exploration and excavation; organization and operation of private museums;

- To stipulate procedures for compiling scientific dossiers on intangible cultural heritages, relics, antiques and national treasures;

- To classify national relics or Class-I museums or cancel decisions on the classification thereof; to hand over relics, antiques and national treasures to State museums with appropriate functions;

- To approve projects for preservation, repair and restoration of national relics and special national relics according to the law provisions; to approve or negotiate on the building of works in protection zones II of national relics and special national relics;

- To evaluate projects for preservation, repair and restoration of national relics and special national relics, projects for renovation and building of works outside protection zones of national relics and special national relics according to law provisions if deeming that they may adversely affect the relics;

- To grant permits for the archaeological exploration and excavation, the taking of relics and antiques abroad; the duplication of relics, antiques and national treasures at national museums and specialized museums; to manage the granting of permits to overseas Vietnamese and foreign individuals and organizations to study and collect intangible cultural heritages in Vietnam;

c/ To guide and inspect activities of protecting and promoting the values of cultural heritages;

d/ To assume the prime responsibility and coordinate with the concerned agencies and organizations in mobilizing, managing and utilizing various resources for protecting and promoting the value of cultural heritages.

6. Regarding performing arts:

a/ To submit to the Prime Minister the planning on the State-run non-business units engaged in performing arts; to organize and guide the implementation after it is approved;

b/ To promulgate a regulation on professional art performance activities; a regulation on organization of festivals, contests and shows of performing arts;

c/ To guide and inspect the granting of permits for professional art performances;

d/ To provide for the evaluation and permission of performance programs, items and plays of Vietnamese organizations and individuals going abroad for performance and foreign organizations and individuals entering Vietnam for performance;

e/ To perform unified management over the production and circulation of music and stage play tapes and discs.

7. Regarding cinematography:

a/ To submit to the Prime Minister a planning on the State-run non-business cinematographic units; to organize and guide the implementation after it is approved;

b/ To prescribe conditions for the establishment of cinematographic units; for film production services and cooperation with foreign countries;

c/ To prescribe the granting of film export, import and circulation permits;

d/ To provide for the organization of national and international film festivals, foreign film days in Vietnam and Vietnamese film days in foreign countries;

e/ To manage deposited home-made films and archive home-made and foreign-made documentary films and motion-pictures.

8. Regarding fine arts, photography and exhibitions:

a/ To promulgate regulations on fine art, photographic and exhibition activities;

b/ To draw up a planning on national monuments and murals;

c/ To provide for the organization of, and directly organize, the national and international displays and exhibitions of fine-art and photographic works.

9. Regarding the press:

a/ To submit to the Prime Minister a planning on the national network of press agencies, foreign-based representative offices and bureaus of Vietnamese press agencies;

b/ To perform the State management over press activities nationwide, including newspapers, radio and television stations, electronic newspapers and news agencies;

c/ To organize the provision of information for the press and manage the press information according to the provisions of the Press Law;

d/ To promulgate a regulation on organization of press contests;

e/ To examine deposited newspapers and manage the national newspaper depository;

f/ To grant and revoke press activity permits; permits to publish special issues, supplementary issues and supplements; special programs and additional programs; press cards; to grant permits for the circulation of foreign-published newspapers in Vietnam;

g/ To manage activities of the press and journalists nationwide; to coordinate with the concerned agencies in managing the Vietnamese press's activities related to foreign countries and press activities of foreign individuals and organizations in Vietnam;

h/ To reach agreement on the appointment and relief from office of editors-in-chief, deputy editors-in-chief, general directors, deputy general directors, directors and deputy directors of the press agencies.

10. Regarding publication:

a/ To submit to the Prime Minister a planning on the network of book publication, printing and circulation; to organize and guide the implementation after it is approved;

b/ To prescribe conditions for the establishment of and dealing in publication, printing and circulation activities according to the law provisions;

c/ To grant and revoke permits for publication and printing activities according to the law provisions;

d/ To grant permits for the publishing of publications for non-business purposes by Vietnamese organizations and foreign organizations based in Vietnam according to the law provisions; to manage the publicization and circulation of works abroad according to its competence;

e/ To provide for the registration and supervision of the implementation of the publishing houses' publication plans;

f/ To manage deposited publications and appraise publications when necessary;

g/ To decide on the suspension, withdrawal from circulation, confiscation, banning from circulation, and destruction of illegal publications;

h/ To reach agreement on the appointment and relief from office of directors, deputy directors, editors-in-chief and deputy editors-in-chief of the publishing houses.

11. Regarding copyright on literary and art works:

a/ To submit to the Government for prescription a royalty regime for authors and owners of literary and art works and guide the implementation after its is approved;

b/ To direct and organize the implementation of the law provisions on copyright on literary and art works;

c/ To take measures to protect the legitimate rights of the State, organizations and individuals in the domain of copyright on literary and art works;

d/ To provide for the supply, cooperation on, ordering, use and guaranty of copyright on performing art and cinematographical works broadcast on television, radio and/or the Internet;

e/ To provide professional guidance on the protection of copyright on literary and art works for branches, localities, enterprises, social organizations and citizens.

12. Regarding libraries:

a/ To submit to the Prime Minister a planning on the network of libraries; organize and guide the implementation after it is approved;

b/ To provide for the cooperation on, exchange of books, newspapers and materials with foreign countries and the sharing of books, newspapers and materials among libraries;

c/ To prescribe conditions for the establishment of libraries and guide library activities.

13. Regarding advertising:

a/ To submit to the Government for prescription the establishment and operation of foreign advertising branches in Vietnam;

b/ To manage advertising activities according to law provisions.

14. Regarding mass culture and agitation information:

a/ To assume the prime responsibility and coordinate with the concerned ministries and branches in submitting to the Government for prescription State ceremonials;

b/ To submit to the Prime Minister a regulation on cultural and information institutions; organize and guide the implementation after it is approved;

c/ To promulgate regulations on mass culture festivals, contests and performances, agitation information, organization of cultural activities and services at public places;

d/ To promulgate regulations on, guide and direct, the movements for building a cultured life, information, propagation and agitation activities, and the organization of traditional rites and festivals.

15. To assume the prime responsibility and coordinate with the Ministry for Foreign Affairs and concerned ministries and branches in performing the State management over the external information work;

16. To submit to the Government or the Prime Minister State awards and honorable titles related to culture and information;

To submit to the Prime Minister for decision the establishment of national councils in the culture and information domains or establish them according to its competence;

17. To prescribe conditions for the setting up of establishments engaged in producing and/or circulating audio tapes and discs, video tapes and discs; conditions for domestic organizations and individuals to enter into joint venture, association, cooperation and services with foreign countries related to cultural heritages, performing arts, cinematography, press and publication; the financing and ordering involving the use of the State budget for performing arts, cinematography, fine arts, press, publication and advertising;

18. To grant permits to foreign organizations and individuals to organize cultural and information activities in Vietnam; to grant permits for export and import of cultural products and printing equipment according to law provisions;

19. To decide on and organize the application of measures to prevent and stop superstition, backward customs, depraved cultural products and illegal cultural and information activities;

To directly organize a number of important national and international cultural and information activities;

20. To evaluate, and inspect the implementation of, national programs and investment projects in the culture and information domains according to law provisions;

21. To enter into international cooperation in the culture and information domains according to law provisions;

22. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the culture and information domains;

23. To decide on specific undertakings and measures and direct the implementation of the operational mechanism of public-service organizations under its management according to law provisions; to manage and direct the activities of non-business units of the Ministry;

24. To perform the specific tasks and powers of the representative of the owner of State capital portions at State-invested enterprises under its management according to law provisions;

25. To perform the State management over activities of associations and non-governmental organizations in the culture and information domains according to the law provisions;

26. To inspect, supervise and settle complaints and denunciations, to combat corruption and negative acts and handle acts of violating the legislation on culture and information, which fall under its competence;

27. To decide on and direct the implementation of its administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

28. To manage its organizational structure and payroll; to direct the implementation of the salary and entitlement, reward and disciplining regimes for State officials, employees and servants under its management; to provide professional training and fostering for cultural and art talents, officials, employees, servants and technical workers in the culture and information domains; to formulate professional criteria for State employees' and servants' titles, technical and professional criteria, levels and grades related to culture and information;

29. To manage its assigned finance and assets and organize the execution of its allocated budget according to law provisions.

Article 3.- The organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management function:

1. The Fine Arts and Photography Department;

2. The Library Department;

3. The National Culture Department;

4. The Training Department;

5. The Planning and Finance Department;

6. The International Cooperation Department;

7. The Legal Department;

8. The Organization and Personnel Department;

9. The Inspectorate;

10. The Office;

11. The Cultural Heritage Department;

12. The Performing Arts Department;

13. The Cinematography Department;

14. The Press Department.

15. The Publication Department;

16. The Literary and Art Copyright Department;

17. The Grassroots Culture and Information Department.

b/ Non-business units attached to the Ministry:

1. The Culture and Information Institute;

2. Vietnam Film Institute;

3. The Relics Conservation Institute;

4. Hanoi Culture University;

5. Hanoi Fine Art University;

6. Hanoi Conservatory;

7. Hanoi Theatrics and Cinematography University;

8. Ho Chi Minh City Fine Art University;

9. Ho Chi Minh City Conservatory;

10. Ho Chi Minh Museum;

11. President Ho Chi Minh's Relics Site in the Presidential Palace;

12. Vietnam Museum of History;

13. Vietnam Museum of Revolution;

14. Vietnam Museum of Fine Arts;

15. The Museum of Vietnamese Nationalities' Cultures;

16. Vietnam National Library;

17. The Management Board of the Vietnamese Nationalities' Culture and Tourism Village;

18. The Composition Zone;

19. Vietnam Cultural and Art Exhibition Center;

20. The Informatics Center;

21. The Culture and Arts magazine;

22. The Culture newspaper.

The Minister of Culture and Information shall assume the prime responsibility and coordinate with the Minister of the Interior in elaborating a scheme on re-structuring other non-business units of the Ministry and submit it to the Prime Minister for decision.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 81/CP of November 8, 1993 defining the functions, tasks, powers and organizational structure of the Ministry of Culture and Information and previous regulations contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of Culture and Information, the other ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI